How to File a DBA in Kansas

Big grocery store in Kansas US states map fiel a DBA

A strong business name is crucial for creating a recognizable brand and connecting with your customers. Starting a business and creating a business entity (e.g. LLC) requires registering an official name, and sole proprietors automatically use their name as an official business name. Sometimes these aren’t good names when it comes to branding and connecting.

A DBA allows you to brand, connect and otherwise operate using a different business name. Here’s how what you need to know about a DBA in Kansas.

What is a DBA?

A DBA (doing business as) is a registered registered trade name that allows your business to operate under a name other than its official name. A DBA doesn’t create a separate legal entity, but is for marketing and branding your current business.

The terms DBA, trade business name, assumed business name and fictitious name all refer to the same thing: a different name by which a business can operate.

Kansas doesn’t require – or even have – an official state process to register a DBA. Some counties may have requirements that you register any trade name your business uses, though.

Because Kansas doesn’t have a state DBA or trade name registry, you can’t obtain a certificate of assumed or fictitious name from the state.

Benefits of a DBA

In jurisdictions where you can register a DBA, there are several benefits to doing so:

  • Exclusive use: A registered DBA normally gives your business exclusive use of the trade name. In Kansas, registering a DBA at the county level (if an option) may give your business exclusive use of the name within the county. It won’t give exclusive rights statewide, though.
  • Any business structure: Any type of business, including sole proprietors, partnerships, LLCs and corporations, can register a DBA. There’s no requirement for sole proprietors to go through the process (and pay for) creating an LLC.
  • No EIN required: An employer identification number (EIN) functions like a Social Security number for a business, especially with regard to taxes. You don’t need an EIN in order to register a DBA.
  • No designator required: Businesses other than sole proprietors are usually required to use a designator, such as LLC, LLP or Corp, in their official name. There’s no such requirement for DBAs.

Disadvantages of a DBA

DBAs also have limitations, and it’s important to understand what those are:

  • No statewide registry: Any DBA that you register at the county level will only apply within that county. There’s not an option to register a statewide DBA in Kansas.
  • No guaranteed right: In Kansas, registering a DBA even at the county level doesn’t necessarily give your business the rights to a name. Ownership of a business name is usually determined by which business first used the name.
  • No liability protection: A DBA doesn’t create a separate legal entity. This means that sole proprietors and partnerships remain personally liable for business debts and legal obligations.

Consequences for operating with a DBA without registration

There aren’t any statewide legal consequences for using a trade name without registering a DBA in Kansas. Counties that require DBA registration might impose fines, possibly on a per-day basis, if you fail to register your non-official business name with them.

Tax considerations

A DBA doesn’t change how your business is taxed. Your tax obligations remain tied to your business structure, whether it’s a sole proprietorship, LLC, partnership, or corporation. Filing a DBA won’t result in additional tax benefits or liabilities.

Filing for a DBA in Kansas

Kansas doesn’t require that you file a DBA with the state, and doesn’t even have a way to. As far as the state is concerned, you can immediately begin using any name that meets the state’s requirements and isn’t being used by another business.

You may have to file a DBA with the county or city where your business operates, though. Here’s how to check your local requirements, and file if you need to.

Having a DBA in Kansas

Kansas doesn’t require that you file a DBA with the state, and doesn’t even have a way to do so. As far as the state is concerned, you can immediately begin using any name that meets the state’s requirements and isn’t being used by another business.

You may have to file a DBA with the county or city where your business operates, though. Here’s how to check your local requirements, and file if you need to.

Kansas name requirements

Kansas’s name requirements for businesses generally are as follows:

  • Distinguishable: The most important criterion is that your business name is distinguishable from any registered business name. If your name isn’t distinguishable, the state considers plural vs. singular as different, and also spelling out numbers vs. using numerals (e.g. One vs. 1).
  • Prohibited words: Anything that would imply a government affiliation generally isn’t permissible. For instance, you usually can’t use “Treasury” or “FBI.”
  • Restricted words: Certain words, like “bank” and “CPA,” are restricted so that only appropriate businesses may use them.

While not a state requirement, it’s also advisable that your business name be distinguishable from any names that are currently being used, even if they aren’t actually registered with the state. If you choose a name that’s already being used, the other business might bring legal action to stop you from continuing to use the name.

Begin with a Kansas name search

Checking whether a business name is currently in use requires running a state check and a Google search.

First, use the Kansas Secretary of State’s Name Availability Search to see whether any business has registered your chosen name.

You only need to search your exact name, as even minute differences are considered distinguishable. Certain terms (e.g. “association,” “LLC”) aren’t considered distinguishable, but the search automatically removes these terms from your search.

If the Name Availability Search shows that your chosen name is already registered, you’ll have to find a different name, or at least one that’s distinguishable.

Second, a Google search will show whether any businesses are currently using the name. Search your business name in quotes, using it alone, with “Kansas” and with your local town or city. If there’s a Kansas business already using the name, you’ll need to at least make yours distinguishable. Of course, you can alternatively use an entirely different name.

Steps to register a DBA for your business in Kansas

As far as the State of Kansas is concerned, you don’t need to register your business’s DBA, trade name, assumed business name or fictitious name.

You do, however, have to check whether your local county or city requires that DBAs or trade names be registered.

Step 1: Check with the local clerks

The best sources of information on local business requirements are the county clerk and town/city clerk. Check with each, to see whether your business needs to register a DBA with the county or municipality.

Make sure to check with the clerks in each jurisdiction where your business operates. You might have to register multiple DBAs if your business has several locations, or if it offers services in several counties.

If you’re required to register a DBA (or multiple), you’ll have to complete the other steps for each DBA.

Step 2: Complete the form

If needed, you’ll have to complete a form to register your business’s DBA. Most forms are 1-2 pages, and require only basic information about your business. The clerk can provide the form, and you can probably complete it while you’re there.

Some counties and cities might have an online form that you can complete. Not all local governments have online form submissions, but this is a more convenient option if available.

Step 3: Submit and pay a fee

Submit the completed application and pay the local DBA fee. Fees vary, but most are quite affordable. Expect anything from $5 to $50, depending on the jurisdiction.

Assuming you’re filing a paper form, either mail it to the clerk or drop it off with them. The address should be listed on the form. You can usually pay by check if mailing, or check, cash or card if dropping off.

Processing might take up to a few days, but is usually fairly quick. The clerk can tell you how long most DBA applications take to process.

Filing Online vs filing by mail

Some counties and cities allow you to file a DBA, but many still only use paper forms. Online is certainly more convenient if it’s an option.

Paper forms can be mailed to the county or city clerk, or you can drop the form off at the clerk’s office. Be sure to include payment if mailing.

Conclusion

If you have a great trade name for your Kansas business, check whether it’s available and if you have to file a local DBA. Once these two items are taken care of, begin growing your business under the new name.

FAQs

No, you generally don’t need a DBA in Kansas. You only need one if the county or city requires it, and your business is using a name other than its state-registered official name.

Kansas doesn’t have an option to register a DBA with the state. You might need to register a DBA with the county or town/city in which you operate.

Most local DBAs issued by counties and cities are quite affordable. Expect to pay $50 at most, and often much less.